Highways Act 1980

Part XIIIE+W Financial Provisions

272 Advances for highway purposes.E+W

(1)Subject to subsection (4) below, the Minister may, with the approval of the Treasury, make advances to a highway authority for any of the purposes mentioned in paragraphs (a) to (k) below, or in respect of the expenses mentioned in paragraph (l) or (m) below:—

(a)the construction of a highway which is to be a highway maintainable at the public expense;

(b)the maintenance of a highway;

(c)the improvement of a highway;

(d)the provision, maintenance and improvement of a road-ferry;

(e)the acquisition of highway land;

(f)the provision of a lorry area or the exercise of any other power under section 115 above;

(g)the provision of public sanitary conveniences on or under land forming part of, or adjoining, or in the vicinity of, a highway or proposed highway;

(h)the provision of a new means of access to a highway in pursuance of any such order as is mentioned in paragraph (i) below or under section 129 above;

(i)the stopping up of a private means of access in pursuance of an order made under section 14, 18 or 124 above, or an order made under [F1section 248 of the Town and Country Planning Act 1990], or in pursuance of an agreement made under section 127 above;

(j)the exercise of any powers conferred by section 246 or 253 above or section 282 below;

(k)the discharge or exercise of any duty or power imposed or conferred on the authority under section 20 of the M1Land Compensation Act 1973;

(l)any amount by which the annual expenditure incurred by the authority in maintaining highway land during the period between its acquisition and the construction or improvement of the highway in question, and in the payment of loan charges accruing due during that period in respect of any debt incurred by the authority for the purpose of acquiring the land, exceeds the annual income accruing to the authority from the land during that period;

(m)any loan charges accruing due after the end of the period mentioned in paragraph (l) above in respect of any money borrowed by the authority for the purpose of acquiring highway land;

or may, with the like approval, and in conjuction with a local highway authority, make advances to some other person for any of the said purposes.

In paragraph (e) above “highway land” means land which the Minister is satisfied that the authority have acquired or are to acquire with a view to the construction of a new highway or the improvement of an existing highway, and in pararaphs (l) and (m) above it means land which the Minister is satisfied that the authority have acquired with a view as aforesaid; and in paragraphs (l) and (m) above “loan charges”, in relation to any borrowed money, means the sums required for the payment of interest on that money and for the repayment of it either by instalments or by means of a sinking fund.

(2)The purposes for which advances maybe made by the Minister under paragraphs (a) to (k) of subsection (1) above include the carrying out of surveys with a view to ascertaining the need for the construction or improvement of highways (whether or not any such construction or improvement is carried out) and other purposes incidental or conducive to the purposes described in those paragraphs.

(3)The power of the Minister to make advances to himself in his capacity of highway authority for any purpose specified in subsection (1) above is a power conferred on him to expend money for that purpose.

(4)The power of the Minister to make advances to a local highway authority under subsection (1) above is exercisable only in cases where it appears to him that, notwithstanding the grants for which provision is made in Part I of the M2Local Government Act 1974, the whole or any part of any expenditure in respect of which any advances could be made under subsection (1) above should not fall on that authority.

(5)The Minister may, with the approval of the Treasury, make advances to a district council in respect of any work done by them in a highway in exercise of their powers under section 96 above.

(6)The Minister may make advances under this section either by way of grant or by way of loan, or partly in one way and partly in the other, and on such terms and subject to such conditions as he thinks fit.

(7)In deciding whether to make an advance under this section in respect of a work the execution of which will require the employment of labour on a considerable scale, the Minister shall have regard to the general state and prospects of employment.

273Contributions by county councils to expenses of district councils under section 96.E+W

The council of a county may contribute towards the expenses incurred by the council of any district in the county in exercise of their powers under section 96 above.

274Contributions by councils towards expenses of highway authorities.E+W

A council may contribute towards any expenses incurred or to be incurred by a highway authority if, in the opinion of the council, the expenditure is or will be of benefit to the council’s area.

275 Contributions by councils and local planning authorities towards expenses incurred in connection with footpaths and bridleways.E+W

A council or a local planning authority may defray or contribute towards, or undertake to defray or contribute towards, the expenses incurred or to be incurred by any other council or local planning authority for the purposes of—

(a)the provisions of Part III of this Act relating to the creation of footpaths and bridleways by means of public path creation agreements or public path creation orders, to the making up of footpaths and bridleways and to the payment of compensation for loss caused by a public path creation order;

(b)the provisions of Part VIII of this Act relating to the making of public path extinguishment orders and public path diversion orders, to the making up of footpaths and bridleways and to the payment of compensation for loss caused by any such order.

276 Contributions to land drainage works which will benefit trunk roads.E+W

Where it appears to the Minister that the execution or maintenance by a [F3the National Rivers Authority] or internal drainage board of any drainage works is desirable for the protection or enjoyment of a trunk road, he may make such contributions as he thinks fit towards any expenses incurred by [F4that Authority] or board in the execution or maintenance of those works.

277 Contribution towards maintenance of bridge where road ceases to be a trunk road.E+W

Where a trunk road carried by a bridge vested in the Minister by virtue of section 266 above ceases to be a trunk road, the Minister may contribute towards the expenses to be incurred in the maintenance of the bridge by the council who become the highway authority for the road.

In this section “bridge” includes the highway carried by the bridge and so much of the approaches thereto as supports or protects the surface of the trunk road.

278 Contributions towards highway works by persons deriving special benefit from them.E+W

(1)Subject to subsection (4) below, a highway authority proposing to execute any works which they are authorised by or under any enactment to execute may enter into an agreement under this section with any other person who would derive a special benefit if those works incorporated particular modifications, additions or features or were executed at a particular time or in a particular manner.

(2)An agreement under this section is an agreement whereby the other party to the agreement agrees that if one or more (as the agreement may provide) of the following conditions, that is to say—

(a)a condition that the works to be executed by the highway authority will incorporate such modifications, additions or features as may be specified in the agreement;

(b)a condition that the execution of the said works will be begun, or (as the agreement may provide) completed, before such date as may be so specified;

(c)a condition that the said works will be executed in such manner as may be so specified,

is or are fulfilled, he will make towards the expenses incurred by the authority in executing the said works a contribution (whether by a single payment or by periodical payments) of such amount as may be so specified.

(3)An agreement under this section may provide for the making to the highway authority by the other party to the agreement of payments in respect of the maintenance of the works to which the agreement relates and may contain such incidental and consequential provisions as appear to the highway authority to be necessary or expedient for the purposes of the agreement.

(4)A highway authority shall not enter into an agreement under this section unless they are satisfied that it will be of benefit to the public.

(5)Where for the purpose of executing any works to which an agreement under this section relates a highway authority have power to acquire land either by agreement or compulsorily and they would not need to exercise that power for that purpose had they not entered into an agreement under this section they shall not exercise their power to acquire land compulsorily for that purpose.

279 Borrowing power of councils.E+W

A council may borrow for the purposes of this Act.

280 Application of certain sums payable to local highway authorities.E+W

(1)Any sum paid to, or recovered by, a local highway authority under any of the provisions of this Act mentioned in subsection (2) below, being a sum which for the purpose of any such provision is a lump sum, and so much of any other sum paid to, or recovered by, any such authority under any of those provisions as represents capital, shall be applied by the authority for purposes for which capital money is applicable by them.

(2)The provisions of this Act referred to in subsection (1) above are sections 53(3) and (4), 54(1) and (2), 55(2) to (4) and 255(4), and paragraph 19 of Schedule 11.

281 Exemption from stamp duty.E+W

If the Minister certifies that any stamp duty which, but for this section, would be payable on any instrument made by, to or with him in relation to a highway or proposed highway which is, or is to become, a trunk road would be payable as an expense incurred by him under this Act, that stamp duty is not payable.